Which party cannot participate in the Reexamination process?

The reexamination process is a mechanism that allows for the review of existing patents to determine their validity, usually initiated due to concerns raised about a patent's claims. In this process, the applicant holds a significant stake, as they can argue to maintain their patent rights. The patent examiner plays a crucial role in assessing the merits of the case, evaluating evidence presented, and ultimately deciding on the outcome of the reexamination.

While third parties may have an interest in the outcome of a patent reexamination, they do not have a direct role in the process itself. Their ability to influence the outcome is limited to submitting requests for reexamination based on prior art. However, they cannot participate in the reexamination process itself in the way that the patent examiner or the original applicant can. The USPTO, as the governing body overseeing the patent office, is involved throughout the reexamination but does not hold a personal stake in the outcome of the specific patent being reviewed.

This delineation helps ensure that the parties who are directly involved in the reexamination process are those who have legal standing and responsibility for the patent, rather than allowing external parties to intervene post-application. Thus, it's clear why a third party cannot participate in the re